[Go to Docket] | Filed Sep. 20, 1988 |
James H. Herzog, Plaintiff and Appellant
v.
William D. Yuill, Defendant and Appellee
and
William A. Hill, Defendant
Civil No. 880097
Appeal from the District Court of Cass County, the Honorable Norman J. Backes, Judge.
AFFIRMED.
Opinion of the Court by VandeWalle, Justice.
James H. Herzog, Box 386-d, R.R. #2, Detroit Lakes, Minnesota, pro se. Mart R. Vogel, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant and appellee.
Herzog v. Yuill
VandeWalle, Justice.
James Herzog appealed from a district court judgment, following a jury trial, dismissing his action against William Yuill. On appeal Herzog raises the following issues:
(1) Did the trial court err when it granted partial summary judgment in favor of Yuill on paragraphs 39-42 of Herzog's complaint?
(2) Did the trial court abuse its discretion in denying Herzog's motion for a continuance?
(3) Did the trial court abuse its discretion in determining the amount of costs to be awarded?
We affirm the judgment pursuant to Rule 35.1(a)(4) and (6), N.D.R.App.P.
Gerald W. VandeWalle
Vernon R. Pederson, S. J.
Herbert L. Meschke
H.F. Gierke III
Ralph J. Erickstad, C.J.
Pederson, S.J., sitting in place of Levine, J., disqualified.